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Can I sue landlady and if so how much is resonable

13

Comments

  • MartynK
    MartynK Posts: 44 Forumite
    Seventh Anniversary Combo Breaker
    Honestly I would of thought the best you can do here is use all this as leverage to get back all of your deposit and just move on.

    Compensation seems doubtful.

    Is your deposit protected? You might be in luck there I suppose.
  • saram12
    saram12 Posts: 14 Forumite
    MartynK wrote: »
    Honestly I would of thought the best you can do here is use all this as leverage to get back all of your deposit and just move on.

    Compensation seems doubtful.

    Is your deposit protected? You might be in luck there I suppose.

    yes deposit is protected and stated all of this to the DPS as to if id get back the deposit and they said they are 95% sure i would get it bk but would take few months to sort out
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In any attempt to sue, I believe the fact that you have chosen to renew a contract rather than move out would be taken as some indication you were satisfied with the arrangement at the time.

    If you were dissatisfied during the first six months, you should not have renewed your contract. Ditto with the second, and so for the third.

    I do not for one moment support any LL who behaves in that manner. Not for a second. However, any loss you have had would have to be quantified, and that is difficult, AND you should make every effort to mitigate any loss. Moving would have ended the problem at an earlier stage, and I'm really not sure why you didn't move earlier.
  • xoAmyox
    xoAmyox Posts: 553 Forumite
    Part of the Furniture Combo Breaker
    I'm afraid you have a slim to none chance of any compensation.

    There is very little protection for tenants out there, and if you do choose to exercise the rights you have whilst renting, you are certainly going to be treated to a S21 notice.

    I have been through far worse with an ex-LL than yourself with damp/mould/no hot water or heating and even police involvement for an assault against us - no compensation was forthcoming.

    I completely agree, that for your own wellbeing you should look forward to your new home and forget about what you've left behind.
  • MartynK
    MartynK Posts: 44 Forumite
    Seventh Anniversary Combo Breaker
    a few months? I thought you'd be ok to just request the deposit back at the end of your tenancy fairly quickly unless your LL disputed it of course.

    Anyway, your on the hook for your 1 Month rent, I can't imagine there's a way to break out without giving the proper 1 months notice.
    If the council person tell you its terrible and must get out at once then that'd be a different story.

    As said though, compensation seems unlikely and I'll be honest it seems like this is something that needed to be tackled a lot earlier on when the LL didn't carry out the repairs as required.
  • saram12
    saram12 Posts: 14 Forumite
    xoAmyox wrote: »
    I'm afraid you have a slim to none chance of any compensation.

    There is very little protection for tenants out there, and if you do choose to exercise the rights you have whilst renting, you are certainly going to be treated to a S21 notice.

    I have been through far worse with an ex-LL than yourself with damp/mould/no hot water or heating and even police involvement for an assault against us - no compensation was forthcoming.

    I completely agree, that for your own wellbeing you should look forward to your new home and forget about what you've left behind.

    we do have damp and mold in kitchen and slugs in living room coming up through floor boards
  • saram12
    saram12 Posts: 14 Forumite
    DaftyDuck wrote: »
    In any attempt to sue, I believe the fact that you have chosen to renew a contract rather than move out would be taken as some indication you were satisfied with the arrangement at the time.

    If you were dissatisfied during the first six months, you should not have renewed your contract. Ditto with the second, and so for the third.

    I do not for one moment support any LL who behaves in that manner. Not for a second. However, any loss you have had would have to be quantified, and that is difficult, AND you should make every effort to mitigate any loss. Moving would have ended the problem at an earlier stage, and I'm really not sure why you didn't move earlier.

    we didnt move earlier as we didnt have enough money for a new deposit ect for moving
  • saram12
    saram12 Posts: 14 Forumite
    MartynK wrote: »
    a few months? I thought you'd be ok to just request the deposit back at the end of your tenancy fairly quickly unless your LL disputed it of course.

    Anyway, your on the hook for your 1 Month rent, I can't imagine there's a way to break out without giving the proper 1 months notice.
    If the council person tell you its terrible and must get out at once then that'd be a different story.

    As said though, compensation seems unlikely and I'll be honest it seems like this is something that needed to be tackled a lot earlier on when the LL didn't carry out the repairs as required.

    it will take a few months if she disputes it so we are prepared for that eventuallity
  • RAS
    RAS Posts: 36,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    saram12 wrote: »
    it will take a few months if she disputes it so we are prepared for that eventuallity

    At which point you might remind her about the Gas Certificate?
    If you've have not made a mistake, you've made nothing
  • saram12 wrote: »
    and I want an honest opinion here would you live in a house with this much problems and the landlord breaking her agreement and not want compensation

    Would I live there?
    No, I would have given notice as soon as practical, if that wasnt soom enough, I'd have phoned environmental health until they condemned the property for rat infestation.
    You did not do this.

    You cant PROVE in a court of law that your landlady broke an agreement and you cannot PROVE that this caused you FINANCIAL loss.

    The FACTS are you knew the window was drafty and you stayed regardless.
    Rat infestation *might* *possibly* be a legal defence for you not paying her anymore rent *if* you leave now.
    But I wouldnt rely on it.

    Lesson learned move on.
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